Can Mom, with dementia, sell the house to me or put it in my name?

It may depend on what stage of dementia she has. Elder law attorneys will query a client who would like to transfer assets; they need to be assured the client does in fact understand the steps she's taking. They're not medical people, but they need to ensure the right thing is being done, although there are unscrupulous attorneys who wouldn't bother.

There's another way this can be done, but you should definitely have it done by an elder law attorney. Assuming your mother understands the issues, she could transfer the home to you with the proviso that you maintain it to care for her, and that she remain there until her death. I don't recall offhand what this type of transfer is called.

I'm not sure about conveying it to you and her, to be held jointly with rights to the survivor (you). Again, I think it would depend on the stage of her dementia. But that way the house would pass to you directly on her death. That might be the optimum way to handle the situation.

I would defitely raise these issues with an elder law attorney. If you don't have one, it's appropriate to get one fairly soon so that you can also get durable and medical powers of attorney.

Good luck!

Diana - I think you have a couple of different issues going on….my guess is that as mom's caregiver you are realizing that mom's needs are starting to change and then what happens….if mom has to move to a NH, then what happens to you & to being able to stay at the house and have a place to live. Are these your concerns?

She may not be on Medicaid now but they do a 5 year look back at her assets. When I met with an elder care attorney, she said she wished I'd come in a couple years sooner. She said that it really helps to plan things before they need Medicaid, in anticipation that they may need Medicaid. Four years ago, I wouldn't have dreamt Mom's health would change so and that we'd go thru the money for her care.

She does not have Medicaid. Is there any way to add my name to the house or is it too late to do that??? anyone?

Sell at Fair Market Value, yes. But if she is on Medicaid, her benefits would stop coming, as they expect the money from the sale to pay for her care. If she gifts it to you, there would be a large gift tax and again Medicaid imposes a penalty. PLUS if her dementia is advanced, she cannot sign a contract for the sale. You might want to talk to an Elder Law attorney.